Dear friends,
The Asian Human Rights Commission (AHRC) has learned that an army general named Heng Kham Van, who is also the chief of the Committee of Immovable Property Management for the Royal Cambodian Armed Force (RCAF) Division 1, allegedly issued an illegal notice (Bearing #02) to evict 29 families without a warrant on 24 January 2007. The families have been on the land since 1993 and the general’s notice is in violation of a court order. The disputed land is roughly between 500m to 600m away from the RCAF Division 1 Headquarter in Reach Chea Nukol village, Stung Treng commune, Stung Treng district, Stung Treng province.
CASE DETATILS:
In 2006, RCAF Division 1 had allegedly issued their first illegal notice to evict the 29 families from their land.
On 24 January 2007, General Heng Kham Van, who is the chief of the Committee of Immovable Property Management of the RCAF Division 1, allegedly issued an illegal notice to evict the 29 families from their land. The notice was supported through reference letters from Mr. Tea Banh, Deputy Prime Ministry, Co-Minister of Ministry of National Defense which was issued on 15 August 2006, as well as another letter from four-star General Mr. Keo Kim Yan that was issued on 1 June 2006.
After receiving the letters of support, the Committee of Immovable Property Management of the RCAF Division 1, which is chaired by General Heng Kham Van, issued a notice to all families and other people who live near the compound. The notice stated that the families must demolish all their houses after the notice is enforced. The demolishing was to be held over a 3 month period between January 25 and 25 April 2007. The notice also stated that if any family had not demolished their home by the May 1st deadline, RCAF Division 1 would use force and could not be held responsible for any damage caused.
The AHRC stresses that General Heng Kham Van has absolutely abused his power in issuing illegal eviction notices. Not only has the general failed to provide a warrant and violated a court order, he has also violated the Cambodia Land Law 2001. According to the Law, each person(s) are entitled to have ownership over the land when he/she occupied and lived on for five years peacefully (without any ownership related dispute). Article 253 of this law had also stated that, any person who uses violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprison from six (6) months to two (2) years irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally commission such violence, he shall be subject to the same penalties as the perpetrator of the violence.
The notice issued by General Heng Kham Van was opposed and brought to Stung Treng provincial court by six family representative members named Sea Vanak, Ream Nararet, Mom Sinath, Chan Sophal, Som Thon and Pin Nary. The representatives lodged a complaint in Stung Treng provincial court, which was also supported by the Stung Treng Provincial Land Management Department. Then on 21 February 2007, the chief of Stung Treng provincial court, Justice Mr. Sua Savuth issued a warrant (Bearing #63) to prohibit the destruction of the disputed land around the area entitled Kilometer number 3, Reach Chea Nukol village, Stung Treng commune, Stung Treng district, Steung Treng province.
The AHRC welcomes the decisions of the Stung Treng provincial court and the Stung Treng Land Management Department to side with the families involved and hopes that Cambodian courts can continue to use strong rule of law initiatives in order to combat illegal practices such as land grabbing. The AHRC also hopes that the Stung Treng provincial court will continue defending people who are intimidated and threatened by the RCAF Division 1.
The AHRC further urges the Stung Treng province court to launch an immediate and independent investigation against General Heng Kham Van for allegedly issuing the illegal notice. Finally, the AHRC urges the Stung Treng provincial court to provide protection to the families being victimized and propose a sustainable remedy to the situation.
SUGESTED ACTION:
Please write to the relevant authorities mentioned below urging them to investigate General Heng Kham Van. Please also urge the Cambodian authorities and court to seek justice for these people and find a peacefully solution to their situation.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
CAMBODIA: 29 families face illegal eviction after the military disobeys a court order
Victims: 29 families, who have been living in their land since 1993 in Reach Chea Nukol village, Stung Treng commune, Stung Treng district, Stung Treng province, Cambodia
Alleged Perpetrators: Army general named Heng Kham Van who is a chief of the Committee of Immovable Property Management of the Royal Cambodian Armed Force (RCAF) Division 1
Date of incident: 24 January 2007, the date that the general Heng Kham Van issued an eviction notice
Place of incident: Reach Chea Nukol village
I am writing to express my concern over the land issue involving an army general named Heng Kham Van, who is also the chief of the Committee of Immovable Property Management for the Royal Cambodian Armed Force (RCAF) Division 1, allegedly issued an illegal notice (Bearing #02) to evict 29 families without a warrant on 24 January 2007.
I have learned that the families involved have been on the land since 1993 and the general’s notice is in violation of a court order. The disputed land is roughly between 500m to 600m away from the RCAF Division 1 Headquarter in Reach Chea Nukol village, Stung Treng commune, Stung Treng district, Stung Treng province.
I have heard that in 2006, RCAF Division 1 had allegedly issued their first illegal notice to evict the 29 families from their land. I am also aware that on 24 January 2007, General Heng Kham Van who is the chief of the Committee of Immovable Property Management of the RCAF Division 1 allegedly issued an illegal notice to evict the 29 families from their land. The notice was supported through reference letters from Mr. Tea Banh, Deputy Prime Ministry, Co-Minister of Ministry of National Defense which was issued on 15 August 2006, as well as another letter from four-star General Mr. Keo Kim Yan that was issued on 1 June 2006.
After receiving the letters of support, the Committee of Immovable Property Management of the RCAF Division 1, which is chaired by the said general, issued a notice to all families and other people who live near the compound. The notice stated that the families must demolish all their houses after the notice is enforced. The demolishing was to be held over a 3 month period between January 25 and 25 April 2007. The notice also stated that if any family had not demolished their home by the May 1st deadline, RCAF Division 1 would use force and could not be held responsible for any damage caused.
I would like to point out that General Heng Kham Van has absolutely abused his power in issuing illegal eviction notices. Not only has the general failed to provide a warrant and violated a court order, he has also violated the Cambodia Land Law 2001. According to the Law, each person(s) are entitled to have ownership over the land when he/she occupied and lived on for five years peacefully (without any ownership related dispute). Article 253 of this law had also stated that, any person who uses violence against a possessor in good faith of an immovable property; whether or not his title has been established or it is disputed, shall be fined from 1,500,000 Riel (USD 385) to 25,000,000 Riel (USD 6,420) and/or imprison from six (6) months to two (2) years irrespective of the penalty for violence against a person. If the violence was ordered by a person other than a perpetrator, who did not personally commission such violence, he shall be subject to the same penalties as the perpetrator of the violence.
I am also informed that the notice of the general was opposed and brought to the Stung Treng provincial court by six family representative members named Sea Vanak, Ream Nararet, Mom Sinath, Chan Sophal, Som Thon and Pin Nary. Then on 21 February 2007, the chief of Stung Treng provincial court, Mr. Sua Savuth issued a warrant (Bearing #63) to prohibit the destruction of the disputed land around the area entitled Kilometer number 3, Reach Chea Nukol village, Stung Treng commune, Stung Treng district, Steung Treng province. This court order was also supported by the Stung Treng Provincial Land Management Department.
While I welcome the decisions of the Stung Court and the Stung Treng Land Management Department, I urge you to launch an immediate and independent investigation against General Heng Kham Van for allegedly issuing the illegal notice. I also urge you to ensure that the concerned families are not victimized from illegal eviction and propose a sustainable remedy to the situation.
I look forward to your intervention into this matter.
Yours faithfully,
——————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Samdech Hun Sen
Prime Minister
Cabinet of the Prime Minister
No. 38, Russian Federation Street
PhnomPenh
CAMBODIA
Tel: +855 23 21 98 98
Fax: +855 23 36 06 66
2. Mr. Chan Sarun
Minister of Agriculture, Forestry and Fisheries
Ministry of Agriculture, Forestry & Fisheries
N° 200, Norodom
12301 Phnom Penh,
CAMBODIA
Tel: +855 23 211 351-2 or 215 321
Fax: +855 23 217 320
E-mail: maff@everyday.com.kh
3. Mr. Ang Vong Vathna
Minster of Justice
No 240, Sothearos Blvd.
Phnom Penh,
CAMBODIA
Fax: + 855 23 36 4119/21 66 22
4. Mr. Henro Raken
Prosecutor General
Court of Appeal
No. 14, Boulevard Sothearos
Phnom Penh
CAMBODIA
Tel: +855 23 21 84 60
5. Mr. Sok An
Deputy Prime Minister
President of the National Land Dispute Authority
# 41, Str Confederation de la Russie
Phnom Penh
CAMBODIA
Tel: +855 12 970 608
Fax: +855 23 881 045
6. Mr. Eng Chhai Eang
Member of Parliament
Vice President of the National Land Dispute Authority
# 71 Sothearos Blvd, Sangkat Tonle Basac,
Khan Chamcar Morn
Phnom Penh
Cambodia
Tel: +855 12 73 1111
Fax: +855 23 211 336
Email: srphq@online.com.kh
7. Mr. Louy Sophat
Governor of Stung Treng province
Trapang Pring village
Stung Treng commune
Stung Treng district
Stung Treng province
Tel: +855- 12 755 211
Fax: +855- 74 973 814
8. Sau Savuth
Chief of Stung Treng Provincial Court
Prek village
Stung Treng commune
Stung Treng district
Stung Treng province
Tel: +855 11 219 706
9. Ms Margo Picken
Director
Office of the High Commissioner for Human Rights Cambodia
N 10, Street 302
Sangkat Boeng Keng
Kang I Khan Chamcar Mon
Phnom Penh,
CAMBODIA
Tel: +855-23-987 671 / 987 672, 993 590 /993 591 or +85523 216 342
Fax: +855-23-212 579, 213 587
10. Prof. Yash Ghai
Special Representative of the Secretary-General for human rights in Cambodia
Attn: Ms. Afarin Shahidzadeh
Room 3-080, OHCHR-UNOG
8-14 Avenue de la Paix1211
Geneva 10,
SWITZERLAND
Tel: +41 22 91 79214
Fax: +4122 91 79018 (ATTENTION: SPECIAL REPRESENTATIVE CAMBODIA)
11. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
